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Can new evidence in criminal matter be accepted in appeal before ADJ
10-Feb-2023 (In Criminal Law)
i am facing a criminal case and convicted in court of 1st class judicial magistrate for one year. there is only one eye witness and he is informant's friend. i hav'nt said anything for my declaration. i have appealed in ADJ. now i want to submit some audio and video clips for evidence.but my lawyer said it is not possible now. in this video all four person (including inspector, SHO, IO,and informant) will be exposed.please guide me.
Yes additional evidence may be taken by appellate court. Section 391 of criminal proxedure code permits appellate court in dealing with any appeal if it thinks additional evidence to be necessary shall record irs reason and may either take such evidence itself or direct it to taken by a magistrate.
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Adv. Abu Bakar
Patna | 100+ Answers
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You have not stated under which sections you are convicted.
The thigs not on record at trial of Magistrate.
You are appealing before ADJ so, how the new things will,
Only the things on record of trial by magistrate can be assessed by higher court.
The thigs not on record at trial of Magistrate.
You are appealing before ADJ so, how the new things will,
Only the things on record of trial by magistrate can be assessed by higher court.
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Adv. Abhay Kumar
Patna | 100+ Answers
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Yes your lawyer is practically right on his part. I will give you a suggestion and kindly cross check with your lawyer too. Submit a additional petition in the previous trial court i.e. judicial magistrate court that a 'further investigation' is reQuired u/s 173(8) of Crpc and hence kindly reinvestigate in this matter. As far as adj is concerned, new facts won't be entertained in adj court.
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